Thoen v. United States

OPINION

LYDON, Judge:

This contract case comes before the court on defendant’s motion for partial dismissal of plaintiff’s “Petition” (complaint) and plaintiff’s opposition thereto.1 The action is brought as a “direct access” case under section 10(a)(1) of the Contract Disputes Act of 1978, 41 U.S.C. § 609(a)(1) (1980). Defendant seeks dismissal of three “Items” of a four-item claim set forth in the complaint on the ground plaintiff failed to properly present these three claim items to the contracting officer for decision. Upon consideration of the complaint and the briefs of the parties, and…